Советник юриста №10 2017

CRIMINAL LAW AND CRIMINOLOGY.PENAL LAW

Legalization (laundering) of monetary funds or other property knowingly obtained by criminal means: сases of quali?cationStupina Svetlana Aleksandrovna, Federal State Public Educational Institution «Siberian Law Institute of the Ministry of Internal Affairs of Russia», Ass. Professor of the Department of Civil Law and Proceeding, Candidate of Law Sciences, Ass. Professor (Krasnoyarsk)Fedorova Elena Anatolyevna, Federal State Public Educational Institution «Siberian Law Institute of the Ministry of Internal Affairs of Russia», Ass. Professor of the Department of criminal law and criminology, Candidate of Law Sciences (Krasnoyarsk)

The article gives a coherent review of the resolution of Plenum of the Supreme Court from 07.07.2015 No. 32 «On judicial practice in cases on legalization (laundering) of money or other property obtained by criminal means and on the acquisition or sale of property knowingly obtained by criminal means». Investigated the current practice of application. Some cases of qualification relevant for law enforcement practice are considered.Keywords: legalization (laundering) of income giving lawful, cash, other property, criminal liability.

The modern penitentiary system of Russia is at a critical stage of its development: the problems of relations between the state and society, which have been successfully resolved with the help of this system for some time, do not already exist. The system itself was transform, fluctuating in the interval from the search for more sophisticated and aggressive forms of control, consumption and repression and control of the population to the expansion, expansion of relations that have developed in prisons and the law enforcement system as a whole, to other systems and institutions. Assistance and transformation of relations in prisons becomes a condition for the transformation of relations in society, society and the state. The development of a complex of scientific research and methods, as well as applied directions and technologies of spiritual and moral education of convicts in correctional institutions in modern conditions is part of the system of social service that is becoming increasingly important for society and the state. This assistance is necessary not only for the convicts and employees of penitentiary institutions, but for the entire law-enforcement and human rights system of countries, for the entire state, for the people.Keywords: penitentiary institution, spiritual and moral upbringing, psychological help, pastoral help, secular help.

Amendments and additions to art. 58 of the The Code of Criminal Procedure of the Russian Federation: new in the status of a specialist and the parties to the defenseRyzhakov Alexander Petrovich, Professor of Criminal-law disciplines of the Tula branch of EРI HE «The International Law Institute», Candidate of legal sciences, Professor, Honored worker of higher school of the Russian FederationRyzhakov Sergey Alexandrovich, student of the Institute of applied mathematics and computer science of FSEI of HE «Tula State University» and of the Tula branch of ЕPI HE «The International Law Institute»

This publication is devoted to the analysis of the content of paragraph 6 of the Federal Law of April 17, 2017 № 73-FL. In this article, the authors draw attention to the imperfection of some of the new provisions enshrined in art. 58 of the The Code of Criminal Procedure of the Russian Federation. Point out the ways of their application under the current formulation of the law.Keywords: Incompetence, challenge, procedural actions, specialist, defense, petition.

The concept of jointly acquired propertyPoberezhny Sergey, Senior Lecturer of the Department of Labor and Entrepreneurial Law ANO V «Belgorod University of Cooperation, Economics and Law»

The legal regulation of property sphere of the spouses is one of the most significant public legal institutions of modern Russia. The vast majority of citizens and legal entities in one form or another, directly or indirectly, are involved in the field of action of legal norms regulating the regime of property of spouses: spouses (past and present), their heirs, purchasers of property of the spouses, their creditors other liabilities other interested in the fate of the marital property of the person.The article considers some issues of legal regulation of property relations of spouses. The focus is on actual problems of judicial practice in the division of marital property.Keywords: property relations between spouses, personal property, community property, objects of joint property of spouses.

The concept and legal nature of alimentary obligations of parents in respect of minor childrenNaumov Yaroslav, Chair of Civil Law and Process ANO V «Belgorod University of Cooperation, Economics and Law»

The article is devoted research of concept and legal nature of alimentary obligations of parents in respect of their minor children. Of course, that maintenance obligations are among the most important categories of modern family law, represent a variety of family relationships. In theory there is no consensus on the concept, essence and legal nature of alimentary obligations. This explains the interest of the author in the topic of research.Keywords: alimony, alimony obligations, alimony legal relationship, content, parents and children.

References:
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2. Convention on legal assistance and legal relations in civil, family and criminal cases (zakl. in Minsk on 22 January 1993, joined. in force on 19 may 1994, the Russian Federation joined. in force on 10 December 1994) [Text] // Sz the Russian Federation. - 1995. - No. 17. - St. 1472.
3. The Constitution of the Russian Federation (adopted by popular vote December 12, 1993; amended, made. The laws of the Russian Federation about amendments to the Constitution of the Russian Federation of 30 December 2008 № 6-FKZ dated 30 December 2008 No. 7-FKZ, February 05, 2014, № 2-FKZ, dated 21 July 2014 No. 11-FCL) [Text] // Russian newspaper. - 1993. - 25 Dec.
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6. The decree of the President of the Russian Federation from June 01, 2012 № 761 "On the National strategy of actions in interests of children for 2012-2017" [Text] // Sz the Russian Federation. - 2012. - No. 23. - St. 2994.7. Аntokolskaya M. V. Family law: textbook [Text]. M.: Norma, Infra-M, 2013. – 572 p.
8. Big law dictionary [Text] / Under the editorship of Professor A. Ya. Sukharev. - M.: INFRA-M, 2007. - 858 p.
9. Grishaev S. P. Maintenance obligations [Electronic resource] // Reference legal system "ConsultantPlus".10. Davydova O. A. Legal regulation of maintenance of relations in the family law of the Russian Federation: dis. kand. the faculty of law. Sciences [Text]. - Rostov-on-don, 2005. – 176 p.11. Danielyan M. A. The Concept, structure and content of maintenance obligations. Family-legal responsibility for failure to fulfill maintenance obligations of the parents towards their minor children (under the laws of Russia and some foreign countries) [Text] // the Practice of the Executive production. - 2012. - No. 4. - S. 31.12. Ershov N. M. Property relations in the family [Text]. - M.: Nauka, 1979. – 159 p.13. Ioffe O.S. The Soviet civil law: the course of lectures. Part 3 [Text] / Ed. edited by A. K. Yurchenko. - L.: Publishing house leningr. University press, 1965. – 347 p.14. Capitola O.V. The Legal nature of the mechanism of limitirovanie in the family law of the Russian Federation: monograph [Text]. - M.: Law, 2010. – 74 р.15. Kravchuk N.V. International legal aspect of the child's right to receive maintenance from their parents [Text] // Laws of Russia: experience, analysis, practice. - 2015. - No. 1. - P. 97-100.16. Kostyuchenko E.Y. Alimony obligations of parents and children according to the legislation of Russia and Germany: comparative legal analysis: monograph [Text]. - Smolensk: Smolensk State University, 2010. – 200 p.17. Levushkin A. N., Serebryakovа A.A. Family law: textbook [Text]. - Ulyanovsk: USU, 2012. – 407 p.18. Tikhomirov M. Yu., Tikhomirova L.B. Alimony: comments, court practice, and sample documents [Text] / ed. by M. Yu. – M.: Publishing House Tikhomirov M. Yu., 2009. – 75 р.
19. The overview of court practice on cases related to the recovery of maintenance for minor children and disabled adult children (app. The Presidium of the Supreme Court may 13, 2015). [Electronic resource] // SPS "ConsultantPlus".
20. The jurisprudence of the Ulyanovsk regional court on business connected with the collecting of the alimony on minor children and disabled adult children, according to an program received from the Supreme Court of the Russian Federation for 2013 // the Official website of the Ulyanovsk regional court [Electronic resource].

Concubinage as a threat to traditional family values in RussiaSmyshlyaeva Oksana V., Judge of the Moscow regional court

Currently in the Russian worldview, and virtually all modern societies in the world, has changed the attitude was marriage and the role of alternative ways to create family units and the ordering of family relations.The article analyzes the premarital cohabitation as alternative to marriage. Very often not quite the right idea about civil marriage creates a host of problems that cannot be solved without legal binding in law. Therefore, making the choice in determining the relationship between a man and a woman, it is necessary to consider the legal component.Keywords: family, marriage, extramarital cohabitation, de facto relationships, family relationships, civil marriage.

The security function of the loan insurance contract: the legal aspectRakhmatullina Leysan Emilyovna, graduate student in the ?eld of training 40.06.01 jurisprudence [Federal State Budget Educational Institution of Higher Education “Ulyanovsk State University”]

The article analyzes the doctrinal representation of the insurance contract as a way to ensure the fulfillment of the obligation. The possibilities of applying this position for insurance of various types of loan agreements are considered.Keywords: enforcement of the obligation, insurance contract, loan agreement, management of banking risks, risk, credit risks.

Analysis of criminal, civil and administrative cases in human rights activitiesChashin Alexander Nikolaevich, Associate Professor of the Theory and History of State and Law VO “Northeastern State University», PhD.

In the article the author’s method of analyzing the content of court cases and acts of the judiciary in order to identify support tactical and strategic points, allowing to build a reasonable procedural position in the judicial process.Keywords: sentence, appeal, evidence.

Tax specialists will be able to request information and documents from the auditor, which the client company did not submit for review. The auditor will be obliged to disclose the data to the inspectors. So tax collectors will be able to collect more evidence on inspections. Trusting auditors will become more dangerous, especially if we talk about small and medium-sized enterprises.Keywords: audit secret, information disclosure, tax secret, bank secrecy.

References:
1. The Law of 07.08.2001 No. 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism".
2. Federal Law of 23.06.2016 N 215-FZ "On Amendments to the Federal Law" On Countering the Legalization (Laundering) of Proceeds from Crime and Financing of Terrorism "and the Code of the Russian Federation on Administrative Offenses", which supplemented the Federal Law of 07.08. .2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime and financing of terrorism" (hereinafter - Federal Law No. 115-FZ).
3. The Tax Code of the Russian Federation (Part One) "of July 31, 1998 No. 146-FZ (as amended on December 28, 2016) (as amended and supplemented, effective from July 01, 2017).
4. Resolution of the FAS of the Moscow District of 31.10.2011 on the case N A40-134717 / 10-22-1187.
5. The Code of Criminal Procedure of the Russian Federation "of December 18, 2001, No. 174-FZ (as amended on June 7, 2017) (as amended and supplemented, entered into force on June 18, 2017).
6. Decree of the Arbitration Court of the West Siberian District of 29.07.2016 N F04-3174 / 2016 in case N A45-15968 / 2015.

The legal characteristic of legislative gaps in law-enforcement activity of taxing authoritiesBoyko Natalya Nikolaevna, candidate of Law Sciences, associate professor of the theory and history of state and law, Sterlitamak branch of the Bashkir state university

In article gaps in law-enforcement activity of taxing authorities and also ways of identification, investigation of criminal cases upon commission of tax offenses and their suppression are analyzed. In the author’s opinion, the mechanism of interaction of taxing authorities with law enforcement agencies and practically, is also theoretically insufficiently studied, the investigation of what there are gaps in the tax legislation in law-enforcement activity of taxing authorities. Need of improvement of the mechanism of interaction of taxing and law enforcement agencies is proved in article.Keywords: taxing authorities, law enforcement agencies, tax offense, taxpayer, tax control, interaction.